Through a nuanced braiding of Weick's (1995) sensemaking epistemology and Sartre's (1957) phenomenological ontology, we propose an approach to organizational analysis which we label existential sensemaking. We first explore the potential to fuse Weick's sensemaking and Sartre's ontology and then examine the case of a Peruvian mountaineering expedition to explore the potential of the existential sensemaking heuristic in understanding the importance of individual decision making in the process of identity work. We conclude that this perspective has profound implications for understanding ethical behaviour in organizing processes as well as within identity construction.
We had reversed the recession, avoided a depression, got the economy moving again. . . . But over the last six months, weve had a run of bad luck. President Obama, Decorah, Iowa, Aug. 15 WASHINGTON A troubled nation wonders: How did we get mired in 9.1 percent unemployment, 0.9 percent growth and an economic outlook so bad that the Federal Reserve pledges to keep interest rates at zero through mid-2013 an admission that it sees little hope on the horizon? Bad luck, explains our president. Out of nowhere came Japan and its supply-chain disruptions, Europe and its debt problems, the Arab Spring and those oil spikes. Kicked off, presumably, by various acts of God (should He not be held accountable too?): earthquake and tsunami. (Tomorrow: pestilence and famine. Maybe frogs.) Well yes, b...
Perhaps the most fertile ground for insurance coverage disputes arising from construction litigation involves underlying claims based on construction defects -- sometimes known as "sick building" cases. Prior to the early 1990s, liability insurers had few options other than to provide defense and indemnity for construction defect claims. Since that time, however, insurance coverage law has evolved. There is really no significant difference between bad faith claims handling in the construction liability context and that of other third-party liability claims. Some states, however, have unique statutory schemes to address bad faith or extra-contractual claims. The main point to be made about potential extra-contractual damages in construction defect litigation is that the referenced terms,...
The controversy over Barack Obama's pastor, Jeremiah Wright, featured widespread criticism of black liberation theology, even as a campaign of whispers - fueled by Internet rumors and McCain rally references to "Barack Hussein Obama" - sought to damage Obama by identifying him as a Muslim. The concept of human dignity, for example, appeals to both ends of the political spectrum, yet on issues such as same-sex marriage and abortion, its popularity produces little consensus.\n In the same vein, why shouldn't prochoice protesters target the Catholic Church, particularly in dioceses where bishops have spoken out against prochoice political candidates receiving Communion?
AUGUSTA, Maine -- Maine's largest state workers union has filed a formal complaint against Gov. Paul LePage and his administration for allegedly negotiating a new contract in bad faith and violating the state's collective bargaining laws in the process. The 21-page complaint, filed Monday with the Maine Labor Relations Board, is the latest round in a drawn-out fight between the LePage administration and the Maine State Employees Association, Local 1989 of the Service Employees International Union.
This article examines three loss situations that involved claims against an agent or insurance company. Agents should not presume that their errors and omissions or umbrella contract will cover a claim. If neither of these contracts provides an agent with coverage, the agency may wish to endorse it. Usually, a action is tied to a covered loss, for example, claiming that an insurer did not properly handle a given loss. In the eyes of the courts, there are many "definitions" of . allegations can result from a wide range of situations. Agents should check to be sure their umbrella or errors and omissions policies provide coverage for actions.
When considered as part of a system that contains other, superior mechanisms for addressing problems such as innocent improvements and old title defects,7 adverse possession can best be understood as a doctrine of efficient trespass.8 It should work in concert with legal remedies that apply before the statute of limitations runs to test the relative valuations of record owners and encroachers and to winnow out those situations in which consensual market transactions cannot accomplish transfers of land to much higher-valuing users. Likewise, modern scholars register amazement that courts would ever require bad faith,12 and overwhelmingly argue that good faith claimants should be favored by the law.13 At one level, then, the argument presented here offers a belated justification for a no...
The union leadership of the Maine State Employees Association has learned a valuable lesson over the past several months: Gov. Paul LePage, as chief executive officer of the state of Maine, is one tough negotiator when it comes to representing the interests of Maine taxpayers at the bargaining table. And, unfortunately, MSEA wants to go back to the old way of doing business. The state of Maine recently received a copy of an over 20-page complaint that MSEA has filed with the Maine Labor Relations Board. The complaint alleges that, through a series of actions, the administration engaged in bad faith bargaining to avoid reaching a successor agreement to the one that has expired.
State Farm Mutual Automobile Insurance Co v Campbell is best known for suggesting a constitutionally acceptable ratio (nine to one) of punitive damages to compensatory damages. This of course applies to all categories of punitive damage cases, not just insurance bad faith cases. The good news is that that ratio is being followed by state and federal courts throughout most of the country, and now there is a substantial body of law to corroborate that fact. This article discusses these aspects of the "good news" available to insurers in bad faith cases. It also suggests new tips and strategies available to insurers to prevent the issue of punitive damages from even going to a jury. If the issue does go to the jury, and the jury finds malice, fraud, or oppression, the article also discusse...
Though her car crash occurred in Millersville, Christina Thompson of Anne Arundel County tried to sue her auto insurer in Baltimore City Circuit Court, saying a state law expressly permits lawsuits to be filed in the city whenever the allegation is that an insurance company rejected a claim in bad faith. But a Maryland appeals court has rejected Thompson's bid to litigate her case against State Farm Mutual Automobile Insurance Co. in Baltimore.
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